Which county in NYS takes the shortest time to process uncontested divorce ?
I have already filed uncontested divorce four months ago in Queens County and I need to get divorce ASAP. so I am thinking of withdrawing my current case and file it upstate. My question is which county in you opinion process divorce in the shortest time?
Although you do get to choose the venue (county) under CPLR section 509 I recommend that you don't do anything. Your divorce should be granted soon. Although the smaller upstate counties are faster they don't like it when outsider come in to file. They can intentionaly sit on your papers for 60 days.
You don't get to pick and choose. Venue is in the county you live in.
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To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
The problem is that your judgment may get signed any day now, as Queens usually takes about 4 months to sign. If you wishdraw & start the proces all over again, it will simply delay you getting a divorce by another several months.
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It depends upon the judge you get - in Westchester it has been possible in some cases to get a divorce processed within two weeks - Putnam is also very fast. But venue isn't a choice - at least in most circumstances.
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Actually, Queens is running anywhere from 6 to 9 months behind. It moves in cycles. We just had a shake up in the matrimonial judges as well so maybe things will hit a stride. If you need to get divorced ASAP, depending on your situation, you can make an application for preference. This bumps you to the head of the line and is your fastest option (if you meet the criteria). Otherwise, refiling anywhere may just add to your time. And PS. the lawyers saying you must file in your county should review CPLR 509. So long as the parties agree, you may select alternate venue.